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LAW OF THE REPUBLIC OF BELARUS

of July 17, 2002 No. 127-Z

About geographical instructions

(as amended on 09-01-2023)

Accepted by the House of Representatives on June 18, 2002

Approved by Council of the Republic on June 28, 2002

This Law governs the relations arising in connection with legal protection and use of geographical instructions.

Article 1. Determination of geographical specifying

1. Geographical specifying is understood as designation which identifies goods as occurring from the territory of certain geographical object if quality, the reputation or other characteristics of goods are substantially caused by its geographical origin.

Geographical specifying joins the name of the place of goods origin.

2. The name of the place of goods origin is the designation which is representing or containing the modern or historical, official or unofficial, full or abbreviated name of geographical object, and also the designation derivative of such name and became known as a result of its use in respect of goods which special characteristics only or are mainly determined by environment and (or) human factors, characteristic of this geographical object.

The specified provisions are applied also to designation which allows to identify goods as occurring from the territory of certain geographical object and though does not contain the name of this object, became known as a result of use of this designation in respect of goods which special characteristics meet the requirements specified in part one of this Item.

3. The designation conforming to requirements of Items 1 and 2 of this Article, but which at the same time entered in the Republic of Belarus the general use as the designation of goods of certain type which is not connected with the place of its production (origin) is not recognized geographical specifying.

Article 2. Legal protection of geographical specifying. Right to use by geographical specifying

1. Legal protection of geographical specifying in the Republic of Belarus is performed based on its registration in the public institution "National center of intellectual property" (further – patent body) according to the procedure established by this Law or owing to international treaties of the Republic of Belarus.

Registration of geographical specifying is effective in case of observance of the requirements determined by this Law.

2. Legal protection of the geographical specifying identifying goods as occurring from the territory of the certain geographical object which is in the territory of foreign state is provided in the Republic of Belarus if it is protected in the country of goods' origin as the name of the place of goods origin or other geographical specifying and is registered in the Republic of Belarus or registered according to the Agreement on trademarks, service marks and names of places of goods origin of the Eurasian Economic Union of February 3, 2020 (further – the Agreement).

3. Right to use geographical specifying is granted to physical and (or) legal faces (person), consolidation of persons which creation and activities do not contradict the legislation of the state in which they are created and who according to this legislation are participants of the civil relations, based on entering into the State register of geographical instructions of the Republic of Belarus (further – the Register) records about right to use provision by such geographical specifying and makes sure the certificate on right to use by geographical specifying (further, unless otherwise specified, – the certificate).

The form of the certificate is established by the republican state body pursuing state policy, exercising regulation and control in the sphere of protection of the rights to intellectual property items (further – authorized state body).

4. Right to use by the geographical specifying registered in accordance with the established procedure can be provided to any to physical and (or) legal faces (person), consolidation of persons which creation and activities do not contradict the legislation of the state in which they are created and who according to this legislation are participants of the civil relations, making in the territory of the same geographical object similar goods with the same properties, quality, reputation or other characteristics, as specified in the Register.

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